Terms and conditions

1. INTRODUCTION

This document (together with all the documents mentioned herein) establishes the conditions governing the use of this website (aeresculturas.com) and the purchase of products on it (hereinafter, the “Conditions”), regardless of the application, digital media, support or device through which it can be accessed. Please read these Terms and Conditions, the Legal Notice, the Privacy Policy and the Cookie Policy carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and Conditions and our Privacy Policy and, if you do not agree to all of the Terms and Conditions and the Privacy Policy, you should not use this website.

If you have any questions regarding the Terms and Conditions or the Privacy Policy, you may contact us through our contact channels. The contract may be concluded, at your option, in any of the languages in which the Terms are available on this website.

2. Our details

The sale of articles through this website and its ownership belongs to FERNANDO VALLES NUEVO (hereinafter AERE or AERE ESCULTURAS), with Tax Identification Number 03102826B and registered office at Avda. Barcelona, 21 – 19005 Guadalajara – Spain.

E-mail: info@aeresculturas.com

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal data you provide about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us with are true and correspond to reality.

4. USE OF OUR WEBSITE

By using this website and placing orders through this website you agree to:
– Use this website only to make legally valid enquiries or orders.
– Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we will be authorized to cancel it and inform the relevant authorities.
– Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information we require, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into a contract.

5. AVAILABILITY OF THE SERVICE

Sculptures offered through this website are available for delivery to most countries in the world. If you are purchasing a sculpture from a country that is not listed on our purchase gateway, please contact us and we will arrange delivery.

6. HOW TO PLACE AN ORDER

There are two different areas on our website:

– The first, a space where we will design your Personalised Sculpture based on the ideas you provide us. The figures measure will start at 10 centimetres, and then we will also add a decoration where we will present them. If you are looking for something different, let us know and we will make you our proposals.
– The second area, the Shop/Gallery sculptures, designed by Aere and ready to give away or collect.

• If you opt for your Personalised Sculpture you can calculate an approximate budget yourself on our website, following the steps of the configurator. In the final step, you will have to provide us with your comments and/or photographs. We will send a draft of your project for your approval and budget adjustment via email or WhatsApp.

You can also write us an email at info@aeresculturas.com, send a Whatsapp message to +34 617 647 225, contact us by Instagram, Facebook Messenger, or call us by phone.

Once the draft is confirmed, our sculptors and creatives team will get to work. Being a work made exclusively for you, we will need to receive 50% of the budgeted amount at the beginning, and the remaining 50% when your work is finished and ready to be sent.

Due to the fact that we make each sculpture by hand, coupled with the complex process of creation, the speculated time is somewhat variable. We will need between 3 and 4 weeks, once you have confirmed the draft.

The Mini Sculptures or pendants will be paid at the time of the order.
The creation process is 10 to 15 days for personalized ones. Non-personalised sculptures will be ready for dispatch immediately you purchase them.

• If you choose a sculpture from our Shop/Gallery, the work will remain exclusive and there will be no other like it. For the limited series, there will be a closed and certified number of units. You will be able to check the price of each work and purchase it from our website immediately. We can send the artwork to almost anywhere in the world (depending on the availability of carriers), receiving it in just 48/168 hours approximately, depending on the destination.

7. TECHNICAL MEANS TO CORRECT ERRORS

If you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section and in any case, you can correct errors related to the data personal information provided during the purchase process by contacting Customer Service through the email address info@aeresculturas.com, as well as exercising the right of rectification contemplated in our Privacy Policy.

This website shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Likewise, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment or requesting a quote, you can modify the details of your order.

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, on the phone or at the aforementioned email address, to correct the error.

8. AVAILABILITY OF SCULPTURES

Custom Sculptures will never be available immediately as they are made on request and according to the customer’s specifications. You can always request a budget for them.
As for the Shop / Gallery Sculptures, they are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.

9. DEADLINE FOR CREATION

Due to its handmade and complex production, the period for creating personalized works (Personalized Sculptures, Personalized Reliquaries and Personalized Limited Series) is between approximately 3 and 4 weeks, once the client confirms the draft. The creation period for a personalized Mini Sculpture is 10 to 15 days. As soon as the work is finished, it will be sent following the delivery deadlines (see section “Delivery deadline”).

10. DELIVERY TIME

a) In the case of Personalised Sculptures, after the creation period, it varies depending on the destination, but it will be between 24/72 hours (the Iberian Peninsula and the Balearic Islands) and 48/168 hours (the Canary Islands and the rest of the world). If for any reason we are unable to meet these deadlines, we will inform you of the circumstance and notify you of the new delivery date. We do our best to ensure that the transport companies meet these deadlines, however, we cannot guarantee it.

b) In the case of works from our shop/gallery, they will be ready for dispatch immediately or within 7 days at the latest. From the moment of the shipment, the delivery time will be between 24/72 hours (the Iberian Peninsula and the Balearic Islands) and 48/168 hours (the Canary Islands and the rest of the world). We do our best to ensure that the transport companies meet these deadlines, but we cannot guarantee it. If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option to go ahead with the purchase by setting a new delivery date or to cancel the purchase.

For the purposes of these Conditions, “delivery” or the order shall be deemed to have taken place or to have been “delivered” at the time when you or a third party other than the carrier and indicated by you acquires physical possession of the goods, which shall be evidenced by your signature on receipt of the order, or acknowledgement of receipt by the carrier as having delivered the order.

11. NON-DELIVERY

In the event that 15 days after your order is available for delivery, and the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, two different cases may occur, depending on the type of product purchased:

– Personalised sculptures: As these are orders made exclusively and in accordance with the customer’s request and specifications, payments already received cannot be refunded under any circumstances.

– Sculptures from our Shop/Gallery: we will refund all payments received within 14 days from the date on which we consider the contract to be terminated. Please note that the transport costs resulting from the termination may have an additional cost, so we will be entitled to charge you the corresponding costs.

12. TRANSFER OF RISK AND OWNERSHIP

The risks of the sculptures shall pass to you upon delivery.
You shall acquire ownership of the sculptures when we receive full payment of all amounts due in respect thereof, including shipping costs, or upon delivery.

13. PRICE AND PAYMENT

The prices on the website include VAT. Shipping is free for the Iberian Peninsula and the Balearic Islands. For the rest of the destinations, we will tell you the costs after you must have added them to your shopping cart. In cases of placing the order via other means that are not processed through our website, we will inform you of possible additional transport costs.

Prices may change at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation.

We have the following forms of payment: Visa, Mastercard, American Express, Amazon Pay, Paypal and bank transfer.

To commence with the elaboration of the “Personalized Sculptures”, and since they are made under your request and specifications, we will need to receive 50% of the budgeted amount at the beginning, and the other 50% when it is finished and ready to be delivered.

We can invoice individuals and companies. Tax data must be provided during the purchase process, by email or at the time of registration.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by their issuing entity, but if the said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.

14. TAXES, CUSTOMS DUTIES AND INVOICING

With regards to taxes at the beginning of your purchases, Value Added Tax (VAT) will be applied to all shipments to European Union countries, at the rate legally in force at any given time and depending on the specific item in question, except for the territories of the Canary Islands, Ceuta and Melilla. All other countries and territories are exempt from paying this tax. If you are a company or professional, please contact us (see section 2) in order to correctly apply the VAT rules.

Regarding taxes at destination, duties, taxes and any charges associated with the customs clearance of the goods, shall be borne by the recipient of the product in accordance with the legal provisions in force in each country, which must take charge of the amounts upon receipt of the goods shipped. We have no control over these charges nor can we predict what or how they will be, therefore, we recommend contacting the Customs Office for more information.

15. RETURNS POLICY

15.1 Legal right to withdraw from the purchase

Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without giving any reason.
The withdrawal period shall expire 14 calendar days from the day on which you or a third party indicated by you acquired the material possession of the goods or, in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which you or a third party indicated by you acquired the material possession of the last of those goods.

Consequences of withdrawal
In the event of withdrawal on your part, we will refund all payments received from you, including shipping costs, within a maximum of 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to effect such reimbursement using the same means of payment you used for the initial transaction. You will not incur any costs as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods.

However, you will be responsible for the direct cost of the return to AERE whether you return the entire order or decide to return only some of the products in the order. Please note that if you decide to return the goods to us carriage forward we will be entitled to charge you for any costs we may incur.

To exercise your right of withdrawal, you must notify AERE of your decision to withdraw from the contract. To do so, you must contact us via our return request form or by writing to us at info@aeresculturas.com. You may use the model withdrawal form annexed to these Conditions, although its use is not obligatory.

Upon receipt of such communication, AERE will indicate how the order is to be sent to its offices or warehouses.

Exceptions to withdrawal
You will not be entitled to withdraw from a contract the object of which is to supply any of the following products:
– Personalized products
– Jewelry (for hygienic reasons)

15.2 Common provisions

Your right to withdraw from the contract shall apply exclusively to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage. Therefore you should be careful with the product(s) while they are in your possession. Please return the item(s) using or including all original packaging, protective media, instructions and other accompanying documents.

Returns may be made through the courier service that the customer deems appropriate or we will give you the option to return it via transport of our choice that we will indicate when we answer your request. In either case, the costs incurred by the return will be borne by the customer.

After examining the item and all accessories we will inform you if you are entitled to a refund of the amounts paid. Reimbursement of transport costs from AERE to the customer will only be made when the right of withdrawal is exercised within the legal deadline and all the items making up the order in question are returned. Reimbursement will be made as soon as possible and in any event within 14 days of the date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods. The refund will always be made in the same payment method you used to pay for the purchase.
You will bear the cost and risk of returning the goods to us, as indicated above. If you have any questions, you can contact us through our contact channels.

Likewise, remember that you will be responsible for the content of the return package. If there is an error in the contents of the return package not attributable to AERE, we will be authorized to charge you the corresponding costs if it is possible to manage the return of the package to your attention.

The items mentioned in section 15.1 (Exceptions to withdrawal) are exempt from withdrawal.

In any case, the rights and actions recognized by the legislation in force remain unaffected.

15.3 Returns of defective products

In cases where you consider that at the time of delivery, the product does not conform to the contract, you should contact us immediately through our contact channels, giving details of the product, attaching photographs and a detailed description of the defects found in it.

Once AERE has received your communication, it will inform you within a reasonable period of time whether or not to return the product. If the product is returned, AERE will indicate how to send the defective product to its offices/warehouse.

The product to be returned must be unused and with all its labels, packaging, documentation and other original accessories that came with it. If you fail to do so, AERE reserves the right to refuse the return.

Once the product has been received and the defects have been ascertained, AERE will give you the option of replacing it with another of identical or similar characteristics or requesting a refund. In the latter case, payment will be made by the same method of payment used for the purchase.

Delivery of the product with identical or similar characteristics, or of the new model, as appropriate, will be made as soon as possible, taking into account the “Availability of Sculptures”, “Creation” and “Shipping” deadlines (see sections 8, 9 and 10 of these Conditions) and once we have sent you an e-mail confirming that the exchange or replacement of the non-conforming item is appropriate.

The replacement or shipment of a new model will not entail any additional costs for you.

15.4 Returns of products damaged in transport

AERE will accept the return of any product that has been damaged during transport. In this case, the Buyer will have 24 hours from the moment of receipt of the merchandise to contact us in writing by sending us an email (info@aeresculturas.com) from where they will be informed of the steps to follow.
However, any anomaly in the package to be received at the time of delivery by the transport agency, such as a blow, box breakage, or symptoms that the product could be damaged, must be immediately communicated to the carrier, noting and noting this incident on the delivery receipt, and subsequently informing AERE about it (info@aeresculturas.com).

16. GUARANTEES

If you contract as a consumer and user, we offer you guarantees on the products that we commercialize through this website, in the legally established terms, responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from product delivery.

It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily destined of the same type and (iii) present the usual quality and benefits of a product of the same type that is reasonably expected. In this sense, if any of the products are not in accordance with the contract, you must inform us through any of the means of communication provided for this purpose.

Keep in mind that AERE creates its products following an artisanal process that makes each piece unique and unrepeatable, therefore, each one of them may show small differences with other pieces with the same reference number. Parts images may also vary slightly from original models. None of these variations or differences is a manufacturing defect.
For possible incidents due to Breakage in Transportation, see section 15.3

17. LIABILITY AND DISCLAIMER OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in respect of any product purchased from our website shall be strictly limited to the purchase price of the said product.

However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their source:
(i) loss of revenue or sales:
(ii) loss of business;
(iii) loss of profits or loss of contracts;
(iv) loss of anticipated savings;
(v) loss of data; and
(vi) loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.

18. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, trademarks, logos, texts, colour combinations, videos and other industrial, intellectual or author’s property rights on the materials or contents provided as part of the website correspond at all times to us or to those who have granted us a license for their use. You may use such material only as expressly authorized by us or by those who have licensed it to us. This does not prevent you from using this website to the extent necessary to copy your order information or contact details.

You also consent to AERE being able to use images or videos of the Customized Works ordered by you on AERE’s website or social networks.

19. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging programs or material. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this clause could lead to the commission of offences punishable by the applicable regulations. We will report any breach of such regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials as a result of your use of this website or your downloading of any content from or redirected to this website.

20. LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and materials of third parties, such links are provided for informational purposes only and we have no control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from their use.

21. WRITTEN COMMUNICATIONS

Applicable regulation requires that some of the information or communications we send you must be in writing. By using this website, you agree that most of such communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.

22. NOTIFICATIONS

The notifications that you send us should be sent through our email address info@aeresculturas.com. In accordance with the provisions of clause 21 above and unless otherwise stipulated, we may send you communications either by email or to the postal address provided by you when placing an order.

It will be understood that the notifications have been received and have been correctly made at the same time they are sent through the form on our website 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.

23. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding both for you and for us, as well as for our respective successors, assignees and successors in title. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.

We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.

24. EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control (“Force Majeure Causes”).

Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility to use trains, ships, aeroplanes, motor transport or other means of transportation, public or private.
Impossibility of using a public or private telecommunications system.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations despite the Force Majeure Event.

25. WAIVER

The negligence from us to require strict performance by you of any of your obligations under a Contract or these Conditions or the failure by us to exercise any rights or remedies to which we may be entitled under such contract or these Conditions shall not constitute a waiver or limitation of any such rights or remedies or relieve you from any such obligations. No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any agreement or the Terms. No waiver by us of any of these Terms or any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.

26. PARTIAL NULLITY

If any of these Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.

27. ENTIRE AGREEMENT

These Terms and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior covenant, agreement or promise made between you and us orally or in writing.

You and we acknowledge that we have consented to enter into a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations between us prior thereto, except as expressly mentioned in these Terms.

Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

28. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We reserve the right to modify these Terms and Conditions. Any changes made will not be retroactive.
If you do not agree with the modifications introduced, we recommend that you do not use our website.

29. APPLICABLE LAW AND JURISDICTION

El uso de nuestra página web y los contratos de compra de productos a través de dicha página web se regirán por la legislación española.
Cualquier controversia que surja o guarde relación con el uso de la página web o con dichos contratos será sometida a la jurisdicción no exclusiva de los juzgados y tribunales españoles, en concreto a los de la ciudad de Guadalajara – España
Si usted está contratando como consumidor, nada en la presente cláusula afectará a los derechos que como tal le reconoce la legislación vigente.

30. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions are welcome. Please send us such comments and suggestions, as well as any queries, complaints or claims, through our contact channels or the postal or e-mail address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them through our contact channels.

Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within the legally established period. Likewise, they will be registered with an identification code that we will inform you of and will allow you to follow up on them.

If you as a consumer consider that your rights have been violated, you can send us your complaints through the e-mail address info@aeresculturas.com in order to request an extrajudicial solution to controversies.

Date of update: 06/03/2021
Model withdrawal form
(You must complete and send this form only if you wish to withdraw from the contract).

To the attention of AERE ESCULTURAS acting under the trade name AERE, with address at Avda. Barcelona, 21 3A, 19005 Guadalajara, Spain and e-mail info@aeresculturas.com.
I hereby inform you that I withdraw from my contract of sale of the following good:
Ordered on/received on (*):
Consumer’s name:
Consumer’s address:
Date:
(*) Delete as appropriate

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